Withheld LG Funds: Supreme Court Strikes Out Osun’s Suit Against FG
•By Admin
ABUJA – THE Supreme Court of Nigeria, on Friday, struck out a suit by the Attorney General of Osun State challenging the withholding of allocations accruable to local government councils in the State by the Federal Government.
In a split decision of six Justices to one, the apex court
held that the Osun State Attorney General and Commissioner for Justice has no locus standi (legal right) to have filed the case on behalf of the 30 Local Governments Councils in the State.
Delivering judgment on the matter, the Supreme Court held that the Attorney General of the Federation was wrong in withholding the Local Government fund adding that the action was in grave breach of the 1999 Constitution.
But the Supreme Court held that those who contested and won the Local Government election and having been inaugurated into office are the jurisdic persons that can sue and be sued directly.
In a lead judgment read by Justice Mohammed Idris, the panel stated that the hand of the Federal Government was soiled in its decision to unjustly seize funds and admonished it to strictly ensure that the funds are directly channeled to local accounts.
However, Justice Idris reasoned that since there was no evidence that Osun Attorney General was briefed by the local governments, he ought not to have filed the case on their behalf.
The Court also dismissed the AGF’s contempt allegations against Osun AG adding that the AGF was in more contempt than Osun by not paying the fund as required by law.
In a minority judgment by Justice Emmanuel Agim, the jurist disagreed with the six other Justices, holding that Osun Attorney General has the right to institute the case.
Justice Agim said that the action of the Federal Government in withholding the Local Governments funds was in bad taste because it was capable of crippling the activities of the Councils.
•INDEPENDENTNG.